Legal Opinion

Chemical Bank New York Trust Co. v. United States

District Court, S.D. New York

Decided February 4, 1966PublishedCited by 1 opinion

1Opinion of the Court

LEVET, District Judge.

This is a tax refund action. Plaintiff alleges the erroneous and illegal collection of certain estate taxes. The facts have been largely stipulated, and are set out at length in a prior opinion in this case, 249 F.Supp. 450 (60 Civ. 1744, S.D.N.Y., January 5, 1966). The prior opinion, on motions by both parties for summary judgment, determined all of the issues in this action, with one exception. The prior opinion determined that the promise of decedent, William Deering Howe, to leave one-third of his net estate to his daughters, was a “claim” against the estate “founded…

2Cases cited7 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. White v. United StatesSupreme Court of the United States · 1938
  3. Rosenthal v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
  4. Constance M. Bishop v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1965
  5. Helvering v. United States Trust Co.Court of Appeals for the Second Circuit · 1940

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3Cited by1 opinion

  1. In re the Estate of SingerNew York Surrogate's Court · 1975

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